Brice v. Brice

411 A.2d 340, 1980 D.C. App. LEXIS 217
CourtDistrict of Columbia Court of Appeals
DecidedJanuary 9, 1980
Docket13822
StatusPublished
Cited by20 cases

This text of 411 A.2d 340 (Brice v. Brice) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brice v. Brice, 411 A.2d 340, 1980 D.C. App. LEXIS 217 (D.C. 1980).

Opinion

FERREN, Associate Judge:

This case presents two questions in connection with a final divorce decree: (1) whether real property (the marital home) acquired shortly before the marriage, solely by and in the name of the husband, was *341 properly assigned to the husband, see D.C. Code 1978 Supp., § 16-910(a), or instead should have been considered marital property, and, accordingly, allocated between the spouses on an “equitable, just and reasonable” basis, id, § 16-910(b); and (2) whether the trial court made adequate findings with respect to the child’s needs and the parties’ net incomes for purposes of awarding child support. We affirm the trial court’s determination that the property has always belonged to the husband, and that the wife has no equitable claim to it. We also conclude, however, that in awarding child support the trial court failed to make adequate findings on the financial needs of the child and the disposable net incomes of the parents. We therefore must remand for further proceedings.

I.

Margaret and Thomas Brice were married in 1968. Mrs. Brice had three minor children from a prior marriage who lived with the Brices.. In 1969, Anthony Leonard Brice — the only child of the Brice marriage — was born. In 1975, relations between Mr. and Mrs. Brice broke down and they separated, although they both continued to live in the family house. On June 26,1978, the trial court granted an absolute divorce, which neither party contests. 1

Mrs. Brice sought a one-half interest in the real property located at 1517 Montana Avenue, N. E., which had been the marital home during the ten-year marriage. She also sought custody of their son, Anthony, and $450 per month in child support for him. Mr. Brice argued that legal title to the property should remain solely in his name. He also opposed the requested $450 monthly child support but agreed to pay $150 (plus $50 per month toward an insurance policy for their son’s education).

The principal focus of the dispute is the real property — the house in which Mr. and Mrs. Brice, their son, Anthony, and Mrs. Brice’s other children lived. Mrs. Brice argues that her husband gave her an interest in the house as a wedding present. Alternatively, she contends that there was an antenuptial agreement providing her with an equitable interest in the house. 2

Mr. Brice denied that he had made such a gift. 3 He introduced a deed and *342 other evidence to show that he had acquired legal title to the house approximately two months before the marriage, that he had retained title, and that he had made the entire financial contribution to the house: the down payment, all settlement charges, mortgage payments, taxes, insurance, and improvements. He also denied that there had been an antenuptial agreement covering the property.

The trial court made no findings with respect to the alleged antenuptial agreement but did find that the title and fee had “always been exclusively in the name of Thomas H. Brice, from the date of its purchase to the present time”; that Mr. Brice had made all the financial payments on the house; that Mrs. Brice’s “name was not on the deed as co-owner”; and that Mrs. Brice “had not shown a right to be declared a co-owner of an interest in the property.” The court “awarded and granted the full title and fee . . exclusively, solely, and alone” to Mr. Brice.

II.

This court recently reviewed the law of the District of Columbia relating to the disposition of property upon divorce, as it had developed prior to the District of Columbia Marriage and Divorce Act of 1977, D.C.Code 1978 Supp., §§ 16-901 et seq., and as clarified by § 16-910 of the new Act. 4 In Hemily v. Hemily, D.C.App., 403 A.2d 1139 (1979), the real property at issue appeared to fall under § 16-910(a) (sole , and separate property acquired during the marriage by gift) because the husband had given his interest to the wife during the marriage and title was in the wife’s name alone. We held, however, that the property was marital property, subject to distribution under § 16-910(b), since the parties had acquired the house during the marriage as tenants by the entirety, and there could not have been a reasonable expectation that the transfer to the wife during the marriage would eliminate the husband’s interest. We premised this result on our conclusion that the only plausible basis for § 16-910(a), exempting a spouse’s “sole and separate” property from apportionment under § 16-910(b), was that the other spouse would have “little basis for an objectively reasonable expectation of an interest in that property.” Hemily, supra at 1142-43. Thus, although Mr. Hemily might not have had a reasonable expectation of an interest in his wife’s property if acquired before the marriage, or received during the marriage from a third party by gift, bequest, devise or descent, see § 16-910(a), we concluded that neither Mr. Hemily nor his wife reasonably would have expected that his own “purported gift of sole ownership” to his wife during the marriage would cut off any claim he *343 might have to the property upon dissolution of the marriage. Hemily, supra at 1143. 5

In holding that property once owned by the entirety could not be transformed, under the circumstances, into § 16-910(a) property by gift between spouses during the marriage, we specifically reserved in Hemily, supra at 1143 n. 3, the converse question, which is presented in this case: “whether property which originally was acquired by a spouse in one of the ways enumerated in § 16-910(a) could ever, under the particular circumstances of a given marriage, come to be considered property subject to distribution under § 16-910(b).”

Before enactment of the 1977 Marriage and Divorce Act, property owned by one spouse could be distributed to the other upon dissolution of the marriage only if “some right or element of ownership, legal or equitable,” could be found in the spouse who did not hold title. Wheeler v. Wheeler, 88 U.S.App.D.C. 193, 195, 188 F.2d 31, 33 (1951). Accord, Lyons v. Lyons, D.C.App., 295 A.2d 903, 904-05 (1972) (wife had equitable interest in husband’s savings account because of her substantial deposits); Hunt v. Hunt, D.C.App., 208 A.2d 731, 733 (1965) (wife had equitable one-half interest in real property jointly held with husband at one time, conveyed to the husband’s mother without consideration, and subsequently bequeathed to the husband alone). The language of the new Act does not indicate an intent to abolish or restrict this long-standing approach to “sole and separate” property of a spouse, vesting the trial court with broad discretion in making such determinations. See

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Macklin v. Johnson
District of Columbia Court of Appeals, 2022
Araya v. Keleta
65 A.3d 40 (District of Columbia Court of Appeals, 2013)
Abulqasim v. Mahmoud
49 A.3d 828 (District of Columbia Court of Appeals, 2012)
Galbis v. Nadal
734 A.2d 1094 (District of Columbia Court of Appeals, 1999)
Mizrachi v. Mizrachi
683 A.2d 137 (District of Columbia Court of Appeals, 1996)
Prost v. Greene
652 A.2d 621 (District of Columbia Court of Appeals, 1995)
Singer v. Singer
636 A.2d 422 (District of Columbia Court of Appeals, 1994)
Sanders v. Sanders
602 A.2d 663 (District of Columbia Court of Appeals, 1992)
Ealey v. Ealey
596 A.2d 43 (District of Columbia Court of Appeals, 1991)
Fitzgerald v. Fitzgerald
566 A.2d 719 (District of Columbia Court of Appeals, 1989)
Yeldell v. Yeldell
551 A.2d 832 (District of Columbia Court of Appeals, 1988)
Powell v. Powell
457 A.2d 391 (District of Columbia Court of Appeals, 1983)
Darling v. Darling
444 A.2d 20 (District of Columbia Court of Appeals, 1982)
Leftwich v. Leftwich
442 A.2d 139 (District of Columbia Court of Appeals, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
411 A.2d 340, 1980 D.C. App. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brice-v-brice-dc-1980.